IPhone Customer Says Apple Can't Arbitrate Defect Suit

Law360, Chicago (August 14, 2013, 5:46 PM EDT) -- The plaintiff in a class action accusing Apple Inc. of concealing an iPhone defect pushed back in California federal court Tuesday against the company’s bid to force the dispute into arbitration, saying his cellphone contract with AT&T Mobility LLC — and the arbitration clause therein — is not at issue in the case.

Lawyers for Ross Missaghi — whose suit alleges the power buttons on the iPhone 4 and iPhone 4S tend to fail soon after the devices’ one-year warranty expires — said in a brief...